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Old 10-20-2013, 07:34 AM
 
Location: Striving for Avalon
1,431 posts, read 2,485,664 times
Reputation: 3451

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Any reference to grandparents here are my maternal grandparents, ie my mother's parents. In fact, all family members mentioned are maternal.

My parents married in 1986; I was born in 1989, and my sister followed in 1991. Dad was a spendthrift (visible) and violent (invisible) alcoholic. Approaching the separation in 2001, mom became partially responsible for some $60,000 of debt. There were car wrecks, traumatic run-ins with creditors, and violent fights in my early childhood. Unfortunately, mom was very good at covering these items up/ignoring them until they became full blown crises. As a result, her parents believe that he was a flawed man who reformed...at the price of three of their bloodline scarred by the experience. Mom, and it kills me to say this, went from a gregarious young woman (from the stories of her siblings and friends) to exhibiting the passive, reclusive, zero confidence behaviours common in battered women. My sister learned to be "absent" and secretive. Sadly, she also shows some signs of "daddy issues" in her choice of relationships and soft drug use. I turned into the academically overachieving, over-responsible, and bullied approval seeker.

To more recent history:

Mom died in September 2011 of uterine cancer after an diagnosis made in early April 2011 and the cessation of chemo/"death sentence" proclamation in the last week of July. Never one to plan, a will was...concocted in those 6 weeks. This meant that mom's vague desires were then dictated by my maternal grandfather and his nephew (the latter being a lawyer) onto paper. We (sister and I) were excluded from coming to the hospital to keep mom company during treatments and from attending the will discussions. This was a non-issue for my sister, as she literally disappeared from home during those months. In classic eldest child form, I assumed the responsibilities as "regent" and handled housekeeping, the dog, bills, maintenance, food/cooking, and keeping in touch with our closest family. As I had been living independently overseas for 3 years before, this was a non-issue. As a self-starter with an intense need for personal control, it was extremely trying to be excluded from the discussion from the "post-mom" arrangements.

The will has proved to be a disastrous screw job.

My grandfather sought counsel from his boys at the country club for information about trusts. The move to put the bulk of the ready cash into Trust 1 failed, after much wasted time: Mom died on Sept 8 2011, I started work on a major thesis starting on Sept 15 and didn't see any money until April 2012 a month before graduation. The workload + financial insecurity + emotional ruin together comprised a special kind of hell. Despite being of the well heeled "live off investments" country club set, my grandfather dabbled with a level of law reserved for the great American dynastic fortunes, not a freelance investor who press-ganged his semi-retired nephew. This was a high school teacher, not a de Medici heiress. The house, a life insurance payment, and jewelry did make it into Trust 2.

Despite my grandfather's patriarchal meddling, my uncle is technically the executor of the estate and the head trustees. My grandfather still has much sway over his son.

Mom knew that for at least 10 months after her death, I'd be overseas studying and my sister would be in and out. Who would mind the house and dog? Her solution: my father. I told her up front in early August 2011, "I know that you are desperate, but this is insanity. I remember the past. I remember the damage he did on his visits. How many times has he called us all "F'ing idiots" in the last 5 years alone? I despise his being." My grandparents, for some reason, thought this was a great idea. Once the bills started coming in again as my father transitioned in, mom's memory returned and she re-considered. But sadly, she was too weak to enforce her own will and my pleas were silenced via manipulation and gaslighting. Mom swore that he, after lengthy discussion, would pay the taxes and "be nicer."

3 days before mom died, dad (retired NYPD, now in private security) told us that he was getting a dog from work... a bomb sniffing labrador with a temper. He would get an extra $500/month. I was instructed (by dad) not to tell mom, who was weak (obviously) but intellectually intact. I promptly disregarded this and told everyone. Despite the head shaking, all went ahead as planned.

The problem: It is November 2013. Dad hasn't paid a dime in taxes. He hasn't reimbursed as promised. He did buy a brand new Dodge journey in February 2013, which he proudly announced when I was home visiting that month. The house's march into disrepair has continued. Dad promised to vacate by May. He hasn't, making excuses that my uncle just rolls his eyes at. The estate is out on $35,000 on taxes he promised to pay. The dog has caused significant damage.

By February, my need for money will be be grim and by April desperate.

I am now on the verge of making PhD applications. I have the grades, recommendations, and research to be a viable candidate for Oxford or Cambridge. However, given the UK's current financial situation and cutbacks to higher ed, I will likely have to partially self-fund. Even with full funding, I would still need moving expenses ex-Australia and the financial padding for when "life happens." Ignoring the situation and borrowing is reprehensible to me.

My sister is just beginning her professional career. My sister has trapped herself in a relationship with a 35 year old (she's 22) who lives in his parent's basement on disability. After fights with my father, this unappealing situation still beats living with a man who has never had a kind word (but always a nasty one) for her, ever.

It's so frustrating I've broken down in tears twice. My grandfather has no patience and won't hear of the evil, sadistic things we experienced. Dad was "a good man with problems." He's a headcase bully who has spending and had (or has as you prefer) alcohol problems.

How can I get rid of this squatter? My uncle can't or won't take a hard line. I have half a mind to legally press for the trust to be broken early (it will persist until 2017/my 28th birthday) and then formally evicting dad.

My usurped home and family are in Nassau County, New York.

Any help is wanted. I am desperate and desire action before 2014.
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Old 10-20-2013, 08:00 AM
 
Location: Florida
7,255 posts, read 7,112,676 times
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Who legally owns the house?

I suggest you find a lawyer, ASAP.
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Old 10-20-2013, 08:05 AM
 
Location: Striving for Avalon
1,431 posts, read 2,485,664 times
Reputation: 3451
Quote:
Originally Posted by kab0906 View Post
Who legally owns the house?

I suggest you find a lawyer, ASAP.
The trust, administered by my uncle. Edit: Specifically, it is a testamentary trust.
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Old 10-20-2013, 05:12 PM
 
Location: Riverside Ca
22,145 posts, read 33,657,521 times
Reputation: 35439
Get a estate and trust lawyer immediately or you and your siblings are gonna lose everything due to your fathers lack of good judgement
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Old 10-20-2013, 05:29 PM
 
Location: SW Missouri
15,852 posts, read 35,185,357 times
Reputation: 22702
My advice is to cut your losses and proceed with your life as though none of this has ever happened.

You have little or no control over any of this other than removing your father from your premises.

Wasting this much time and effort on this kind of drama is simply an extension of the troubled life you grew up with. It does nothing to improve the quality of your life.

Move on. Now. Forget about the money. Become 100 percent responsible for yourself without the influence of any of your relation or the circumstances surrounding your mother's demise.

This is a sewer that will suck you under and drown you. Lose it. Immediately.

20yrsinBranson
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Old 10-20-2013, 05:41 PM
 
22,278 posts, read 21,786,262 times
Reputation: 54736
Aren't you old enough to not need mommy's money?

Your mother designated her last wishes and it's too bad you don't like it. Perhaps she wished for you and your sister to be financially independent from the family?
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Old 10-20-2013, 06:36 PM
 
Location: Wisconsin
19,480 posts, read 25,225,587 times
Reputation: 51126
Maybe I misread the original post----but I thought that the mother's wishes were that her children would inherit her money and estate (it was supposed to be put into various trusts but some was stolen by the father/grandfather and not put into the trusts).

The dad was supposed to live in the house and care for the dog while his children were out of the country. PAY the taxes with his own money and PAY for the upkeep of the house with his own money.
Now the dad has wreaked the house, has not kept up the property (which is actually owned by his children) and has stolen $35,000 of his children's trust funds (money used to pay the taxes).

I don't understand why some people are saying "just walk away", "ignore it", "be financially independent"--- when it was the wish of the late mother for them to have her estate? Do those posters just intent to "walk away" and "be financially independent" when their parent wishes them to inherit their estate when they die?

The way that I read it was that the mother intended her children to inherit her money and her property and the dad managed to circumvent her wishes by conning her to let him "care for" the house and dog while the children were unable to easily do that.

Last edited by germaine2626; 10-20-2013 at 06:51 PM..
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Old 10-20-2013, 06:57 PM
 
Location: Brentwood, Tennessee
49,927 posts, read 60,103,847 times
Reputation: 98359
I am sorry for the loss of your mom.

I had a hard time wading through the purple prose in your post, though. You say a LOT about the people in the situation, but you leave out some very important facts.

WHY would her daughters be excluded from her during her last months?
Why were you out of the country?
Did your dad move in while your mother was alive?
Where had he been living?
Who were the beneficiaries of the will?
Why does a dog need $500/month?


You do need legal advice, but your tale is confusing and I'm not sure exactly what your issues are. One thing that comes through clearly? Your expectation to use an inheritance as income.
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Old 10-20-2013, 06:59 PM
 
Location: Richmond VA
6,886 posts, read 7,920,348 times
Reputation: 18229
You have two choices:
Hire a good lawyer, OR let it go.

You clearly don't want to let it go, so why are you here asking total strangers for validation?

Yes, I think your emotional relationship with your father is complicated and it may be the reason you aren't sure if you should trust your judgement. You have to set all that aside (and seek a good counselor for that at some point)

But here is the bottom line: Your mom intended for you to inherit. Grandpa is not an heir, Uncle is not an heir, right? Their lack of management is the problem and by hiring your own atty you are at risk of creating hard feelings with them. But I'll bet they'll forgive you!

Sounds like it's time to man up. Good luck to you!!!!
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Old 10-20-2013, 07:05 PM
 
Location: Brentwood, Tennessee
49,927 posts, read 60,103,847 times
Reputation: 98359
Quote:
Originally Posted by Stagemomma View Post
You have two choices:
Hire a good lawyer, OR let it go.

You clearly don't want to let it go, so why are you here asking total strangers for validation?

Yes, I think your emotional relationship with your father is complicated and it may be the reason you aren't sure if you should trust your judgement. You have to set all that aside (and seek a good counselor for that at some point)

But here is the bottom line: Your mom intended for you to inherit. Grandpa is not an heir, Uncle is not an heir, right? Their lack of management is the problem and by hiring your own atty you are at risk of creating hard feelings with them. But I'll bet they'll forgive you!

Sounds like it's time to man up. Good luck to you!!!!
I am having a hard time finding that in the OP. Does she actually say that?
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